Colorado Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a short, notarized declaration that lets someone entitled to inherit gather a late relative's financial and movable assets, such as a savings balance, wages owed, or brokerage holdings, and bypass the court-supervised probate that bigger Colorado estates face.

2. 2

   The affidavit is available only when the total fair market value of all property subject to disposition by will or intestate succession, wherever located, less liens and encumbrances, does not exceed the year-of-death limit, which is $88,000 for a death in 2026 (Colorado Revised Statutes Section 15-12-1201; Form JDF 999).

3. 3

   The limit is keyed to the decedent's year of death and adjusted each year for inflation; it was $86,000 for a death in 2025.

4. 4

   It may not be used until at least ten days have elapsed since the date of death (Form JDF 999, Colorado Revised Statutes Section 15-12-1201).

5. 5

   The affidavit is valid for personal property only and is not valid for the transfer of real estate; an estate that includes real property must go through probate.

6. 6

   The successor presents the notarized affidavit directly to the party holding the asset, such as a bank, and it is not filed with the court, so there is no court filing fee.

7. 7

   Colorado publishes the affidavit as Form JDF 999 with instructions in JDF 998, and the instructions direct the affiant to attach a copy of the death certificate when presenting it, since some holders require a certified copy.

Colorado Requirements for Small Estate Affidavit

• Ten-Day Waiting Period

  In Colorado a small estate affidavit may not be used until at least ten days have elapsed since the date of the decedent's death (Colorado Revised Statutes Section 15-12-1201; Form JDF 999). This is a shorter wait than many states.

• Year-of-Death Value Limit ($88,000 for 2026)

  The affidavit is available only when the total fair market value of all property subject to disposition by will or intestate succession, wherever located, less liens and encumbrances, does not exceed the year-of-death limit (Colorado Revised Statutes Section 15-12-1201; Form JDF 999). That limit is $88,000 for a death in 2026 and was $86,000 for a death in 2025; it is adjusted each year for inflation.

• Personal Property Only, Not Real Estate

  The affidavit is valid for personal property only and is not valid for the transfer of real estate (Form JDF 999). Colorado has no separate small estate affidavit for real property, so an estate that includes real property must go through probate administration.

• No Personal Representative Pending

  The affidavit states that no application or petition for the appointment of a personal representative is pending, and that none has been granted, in any jurisdiction (Form JDF 999; Colorado Revised Statutes Section 15-12-1201). If probate has been opened, the affidavit is not available.

• Presented to the Holder, Not Filed

  The affidavit is presented directly to the party that owes a debt to the decedent or holds the decedent's personal property, such as a bank, and is not filed with the court, so there is no court filing fee (Form JDF 998). A motor vehicle title uses the Division of Motor Vehicles form DR 2712 instead.

• Who May Be the Affiant

  The affiant must be a successor of the decedent, or a person acting on behalf of one or more successors, and must be 18 or older (Form JDF 999). The affidavit is signed before a notary public.

• Use Form JDF 999 and Attach a Death Certificate

  Colorado publishes the affidavit as Form JDF 999, with instructions in JDF 998. Form JDF 999 has no death-certificate attachment line, but the instructions direct the affiant to attach a copy of the death certificate when presenting it, and note that some holders require a certified copy.

• Signed Under Oath With Accountability

  A person who receives property under the affidavit is answerable and accountable to any later-appointed personal representative or anyone with a superior right to the estate (Form JDF 999). The affidavit is signed before a notary, so do not sign if the facts or values are uncertain.